Terms of use

1. General

1.1 Scope and provider

These terms of use govern the use of the Perfoodto platform at www.perfoodto.at, the related web application and the Perfoodto app for iOS and Android (together the “Platform”) between the provider Philipp Gerald Gutschi, Untergösel 82, 9413 Frantschach Sankt Gertraud, Austria, email: office@perfoodto.at (“we”, “us”) and you as a user.

1.2 Definitions

“Platform” means the website www.perfoodto.at including all subpages, the related web application and the Perfoodto app for iOS and Android.

“App” means the Perfoodto app for iOS and Android, where we offer it.

“User” means any person who visits the Platform or uses a user account, whether as a guest, registered member or subscriber.

“Consumer” means a user within the meaning of section 1(1)(2) of the Austrian Consumer Protection Act (KSchG) who uses the Platform for private purposes.

“Subscription” means a paid contract for access to extended Platform features for an agreed period.

1.3 Contract language and legal framework

The contract language is German. The German version of these terms prevails. The Platform is aimed at users in Austria. In particular, the Austrian Distance and Off-Premises Contracts Act (FAGG), the Consumer Protection Act (KSchG), the E-Commerce Act (ECG) and the General Civil Code (ABGB) apply where relevant.

1.4 Incorporation

By using the Platform and especially by registering, installing or using the app or taking out a subscription, you accept these terms in their current version. Your conflicting terms do not apply unless we expressly agree to them in writing.

1.5 Changes to these terms

We may change these terms where required for legal, technical or economic reasons and where this does not unfairly disadvantage you. We will notify you of material changes at least 14 days before they take effect on the Platform and, if you have an account with an email address, by email. If you do not object within that period and continue to use the Platform, the amended terms are deemed accepted. We will point out your right to object and the consequences in the notice. If you object, you may stop using the Platform and end a running subscription under the agreed cancellation rules.

2. Service description

2.1 Subject of the Platform

Perfoodto is a digital information and recipe platform. We process publicly available flyer and offer data from Austrian food retailers, create recipe suggestions from them and match ingredients to current promotional prices. The aim is to make affordable cooking based on current deals easier.

Depending on your access status, the following features may be available:

• Display of recipes and related offer information
• Filters and search by stores and categories
• Bookmark lists and recipe votes
• Personalisation (for example federal state, default portions, order of stores and categories)
• Access to extended recipe volumes and offer overviews under a subscription
• Advertising on the free Kostnix plan on the website and in the app. Sparfuchs and Küchenchef are ad-free

The exact feature set depends on the plan you book and on the product descriptions shown on the Platform and in Stripe. Free and paid features may change over time where reasonable and legally permitted.

2.2 No sale of food

We do not sell food and do not conclude purchase contracts with supermarket retailers on your behalf. Prices, availability, promotional periods and offer conditions of retailers may change at any time. Information on the Platform is non-binding guidance and does not replace checking in store or in the retailer’s online shop.

2.3 No guarantee of completeness or currency

Despite careful preparation, recipes, quantities, prices, discounts and availability may be incorrect, incomplete or out of date. Flyer and offer data come from third parties or automated processing. We do not guarantee that a product is available at the displayed price or that a recipe meets your individual dietary or health needs.

2.4 No nutritional advice

Platform content is not medical, dietetic or allergy advice. If you have intolerances, allergies or special diets, check ingredients and preparation yourself.

3. Registration and user account

3.1 Creating an account

Parts of the Platform can be used without an account. Extended features require registration with accurate details and a valid email address. One account applies to both the website and the app. You must be of legal age and capacity or act with the consent of your legal representative.

3.2 Account duties

Keep login details confidential and do not share them with third parties. Activity under your account is attributed to you where you are responsible for it. If you suspect misuse, notify us immediately at office@perfoodto.at.

3.3 Suspension and deletion

We may temporarily suspend or permanently delete accounts if there are concrete indications of a material breach of these terms, of applicable law or of misuse. Before permanent deletion we will hear you where possible, unless urgent reasons prevent this. Statutory claims remain unaffected.

4. Paid subscriptions

4.1 Conclusion of contract

Paid subscriptions are concluded via the Platform, on the website or in the app. Tariff displays are non-binding. By completing the order and authorizing payment you make a binding offer. The contract is formed when we accept the order, in particular by activating the subscription or sending a confirmation email. Payment processing and the customer portal are provided via Stripe and may open in the browser. Stripe’s terms apply in addition insofar as they concern payment processing.

4.2 Prices and taxes

The prices shown on the Platform at the time of order apply. All stated prices are final prices. That is the amount you pay.

Due to the small-business exemption under section 6(1)(27) of the Austrian VAT Act (UStG), no VAT is charged or shown. No VAT is added to the displayed price.

For subscription contracts we show the total costs for the billing period or the monthly costs in line with the information duties under section 4 FAGG.

4.3 Term, renewal and cancellation

The term, any trial periods and cancellation conditions follow from the respective plan description and the order summary. Unless otherwise agreed, a subscription renews automatically for the same period if it is not cancelled in time. You may cancel via the Stripe customer portal or by notice to office@perfoodto.at. After an effective cancellation, access continues until the end of the period already paid for, unless otherwise agreed.

4.4 Trial periods

If we offer a free or discounted trial, it ends when the stated period expires. The subscription then continues on the agreed terms unless you cancel before the trial ends. We point this out at checkout.

4.5 Plan changes and service changes

Upgrades and downgrades follow the options offered on the Platform and the technical implementation via Stripe. We will notify you in good time of material service changes during a running period. Your statutory rights remain unaffected.

5. Right of withdrawal

As a consumer you generally have a 14-day right of withdrawal from the conclusion of the contract for distance contracts for digital services under the FAGG.

Details of the right of withdrawal, its consequences and early expiry are set out in our withdrawal information at www.perfoodto.at/en/cancellation-policy including the model withdrawal form.

If we begin performing the digital service during the withdrawal period with your express consent and acknowledgement that you lose the right of withdrawal upon full performance, and we fully perform the contract, the right of withdrawal may expire early. If performance starts early, proportionate costs may apply where provided by law.

From 1 October 2026 we will also provide a withdrawal function (“withdrawal button”) under section 13a FAGG for distance contracts concluded via an online interface, where legally required.

6. User obligations

6.1 Use at your own responsibility

You use the Platform on your own responsibility. You check recipes, ingredients, prices and offer conditions yourself and decide independently on shopping and cooking.

6.2 Prohibited conduct

In particular, the following is prohibited:

• Automated querying, scraping or other excessive load on the Platform without our consent
• Circumventing access restrictions, security mechanisms or payment processes
• Distributing malware or attacking the availability of the Platform
• Using the Platform for unlawful purposes
• Sharing the account with third parties or abusive multiple registrations
• Copying or redistributing material Platform content beyond private use without our consent

In case of breaches we may block access and claim damages where legally permitted.

6.3 User contributions

If you store votes, bookmarks or other information, you warrant that they are lawful and do not infringe third-party rights. We may store and display such content within the Platform’s functions.

7. Intellectual property

All rights in the Platform, texts, graphics, trademarks, software and in recipes and compilations created by us belong to us or our licensors. Use is permitted only under these terms. Third-party offer and brand names remain the property of their owners and are used for information only.

8. Availability and technology

8.1 Further development and maintenance

We continuously develop the Platform and may adapt, extend or discontinue features as long as the contractual purpose is preserved and changes are reasonable. Maintenance may temporarily restrict availability. We aim to give timely notice of foreseeable longer outages. Uninterrupted availability is not guaranteed.

8.2 Technical requirements

For the website you need a compatible device, an internet connection and a current browser. For the app you need a compatible iOS or Android device, an internet connection and a current version of the app obtained from the relevant store. We are not obliged to keep the app available for every device, operating system version or store.

8.3 App stores

If you obtain the app via the Apple App Store or Google Play, the terms of the respective store operator apply in addition. As between you and us, these terms of use apply. Mandatory requirements of the store operators remain unaffected.

9. Liability

9.1 Scope of liability

We are liable without limitation under statutory provisions:

• in cases of intent and gross negligence
• for injury to life, body or health
• under the Product Liability Act
• within the scope of an express guarantee assumed by us

In case of slight negligence in breaching essential contractual duties whose fulfilment enables proper performance of the contract and on which you may regularly rely, liability is limited to foreseeable damage typical for the contract.

Otherwise liability is excluded insofar as mandatory law, in particular the KSchG, does not provide otherwise. We are not liable for incorrect or incomplete third-party offer data or for your shopping and nutrition decisions, except in cases of intent or gross negligence.

9.2 Third-party services

We use Stripe for payment processing and the customer portal. We are not liable for disruptions or outages solely within Stripe’s responsibility unless we are at fault. External links and third-party content remain their responsibility.

10. Data protection

We process personal data under the GDPR and the Austrian Data Protection Act. Details, purposes, legal bases and your rights are set out in the privacy policy at www.perfoodto.at/en/privacy. It applies to the website and the app. You may withdraw analytics cookie consent on the website via the cookie banner.

11. Contact, complaints and dispute resolution

Please send questions, reports of incorrect content and complaints to office@perfoodto.at.

11.1 Alternative dispute resolution

We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board (section 19 AStG). The European Commission provides a platform for online dispute resolution at https://ec.europa.eu/consumers/odr/. We are neither obliged nor willing to participate in proceedings via that platform.

12. Final provisions

12.1 Jurisdiction

For consumers resident in Austria the statutory venue rules apply. Claims against consumers are generally brought at the consumer’s place of residence. Consumers may also sue us at the venue of our place of business.

12.2 Applicable law

Austrian law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Mandatory consumer protection rules of the state of your habitual residence remain unaffected insofar as they grant you stronger protection.

12.3 Severability

If any provision is or becomes invalid, the remaining provisions remain effective. The invalid provision is replaced by the applicable statutory rule.